If 2 cars collide, it seems logical that one driver has grounds for filing a claim against the other driver. Suppose though that one of the 2 cars contains a passenger. Against whom should that passenger file a claim?

In that case, the passenger can file a claim against either driver. It would be the passenger’s job to determine which of the 2 drivers had acted in a careless and neglectful manner. It could be that both of them had displayed such behavior.

A different possibility

It could be that one of the drivers had been given the car’s keys from the automobile’s owner. In that case, the car’s owner could be held liable for any losses suffered by the driver or the passenger. Still, there is a limit to the amount of money required of the owner.

The owner could not be asked to pay more than $15,000 for each injured victim (driver or passenger). By the same token, the owner could not be expected to pay more than $30,000 per accident, and no more than $5,000 for property damage.

So, what happens if an injured passenger has medical bills that come to a total of $22,000? Who pays the remaining $7,000, the amount that exceeds the allowed $15,000? In most situations, the driver’s insurance would need to cover that added expense.

Still, there are times when the driver of a vehicle that was involved in an accident does not cover that added expense. Sometimes that driver’s insurance company refuses to make that payment. If the driver’s insurance company has refused to supplement the amount paid by the owner’s insurance, it should have a good reason for that action.

Usually, that refusal reflects discovery of certain details, relating to the qualifications of the person to whom the car’s owner had handed the keys. It could be that the temporary driver did not have a driver’s license. Alternately, it could be that he or she was incompetent. In either case, the drive’s insurance company would have grounds for refusing to cover the cost of the damage that exceeded the amount allowed to the owner.

Who pays for the remainder of the passenger’s expenses?

In the situation described above, the passenger must speak with an Injury Lawyer in Kingston, and determine who else might be held liable. Maybe the other driver was careless and neglectful? Perhaps a witness could testify that a 3rd party had created an unexpected hazard, forcing one of the 2 drivers to swerve in a particular direction. That evidence could provide the passenger with yet another person that should be held liable. Thus, it would be the passenger’s job to file a claim against that 3rd party.